Expert: Michael Brotherton - 6/27/2007

Question
hell, my husband was served papers on june 24 for a medical bill from 2005. we were aware of the bill but in a financial crisis & could not pay. the summons states that our court date is july 10th. Is it legal to have such a short time frame to appear. Also, we tried to work out arrangements but unfortunately we could not afford to come up with the money when they insisted on having it. we want to know what happens when we go to court,...will they garnish his check or will the judge have us make payment arrangements & if we don't comply will they then start garnishment. their attorney told us that if we went to court they would automatically start to garnish his check , is this true? thank you

Answer
It is very common for the courts to only give you a short time to respond to the summons or appear in court. Usually 20-30 days. If it is a legitimate debt they will probably get a judgment. If you believe the amount they are demanding is unjustified or you want an accounting you may request this be done. You may need to file an answer in writing to the courts prior to the 20 days.

You may also submit a detailed budget and request the judge allow you to make a specific payment amount each month until paid. If you are upside down in your budget trim the fat or increase income but do not agree to anything that you cannot afford. It must fit in your budget.

You may be exempt from garnishment or what is referred to as "judgment proof". This means the judgment would be uncollectible by any legal means. If you have no assets including real estate or bank accounts they may attach a lien or seize your money. Your state collection laws determine whether garnishment is permitted.

My suggestion, contact the attorney or the creditor and ask them to make payment arrangements prior to the court date. They can file an agreed judgment entry or dismiss the case.

Propose to them you would sign such agreement if they agree to not execute the judgment as long as you make payments as agreed.

Good luck